Senior army commander condemns the “witch-hunt” against Iraq war veterans,
saying years of legal actions and inquiries were damaging the mental health
of his men

A senior army commander has broken his silence to condemn the “witch-hunt” against Iraq war veterans.

The serving soldier, involved in the Battle of Danny Boy, in which British servicemen were falsely accused of war crimes, said he felt compelled to speak out over the damage that years of legal actions and inquiries were doing to the mental health of his men.

In further condemnation of what campaigners have called “witch hunts” against soldiers, a former UN-appointed war crimes chief prosecutor also raised his concern over the use of the Human Rights Act to pursue legal claims.

“For ten years brave men, who put themselves in harm’s way to fight for their country, have been repeatedly accused of the most horrific atrocities.”

Senior army commander

Desmond de Silva, one of Britain’s most eminent QCs, said: “Up to now nobody has got these ambulance-chasing lawyers by the scruff of the neck.

Desmond de Silva

“As a former chief prosecutor of a UN-sponsored war crimes tribunal, I am quite satisfied that accountability in war is best dealt with by applying law that is specifically designed for war conditions.”

Their outrage came as it emerged that military prosecutors are examining 55 Iraq war deaths with a view to charging dozens of veterans of the Iraq conflict.

The Iraq Historic Allegations Team (IHAT) is investigating more than 1,500 cases of alleged unlawful killings and abuse but its work is set to drag on well into the next decade. Just 14 cases have been completed since IHAT was launched in 2010.

It can also be disclosed today that three soldiers cleared in a court martial a decade ago of the manslaughter of a 17-year-old Iraqi boy in 2003, and then cleared in a further inquiry by IHAT, now face a third investigation - this time by a judicial team set up to look at alleged unlawful killings.

Ahmed Jabbar Kareem Ali, the 17-year-old Iraqi who drowned after the British Army arrested him in 2003

One of the veterans accused the authorities of being “vindictive” in continuing its inquiries.

The army commander, who cannot be named and who was involved in the 2004 firefight at the 'Danny Boy’ check point in southern Iraq, said: “For ten years brave men, who put themselves in harm’s way to fight for their country, have been repeatedly accused of the most horrific atrocities.”

The serving officer said: “For many, it remains difficult to understand how such unfounded allegations could have been made without repercussions.

“Being subjected to an inquiry of this nature puts huge pressure on those involved; for ten years personnel have had these unfounded allegations hanging over them and have had to relive the gruesome realities of combat. This has undoubtedly put excessive strain on their relationships and on their mental and physical health; marriages have failed and some individuals may never fully recover.”

Lawyers representing hundreds of Iraqi citizens who have alleged abuse, questioned IHAT’s effectiveness over its failure to bring a single prosecution in five years.

“It is important to note that the context of these allegations is the invasion and occupation of Iraq, not armed combat,” said a spokesman for Public Interest Lawyers, “The majority of the allegations of ill-treatment are in circumstances where individuals were being arrested or were in detention. There is a heavy responsibility to treat all detained persons humanely.”